Monthly Archives: March, 2015

Neil Foster, ‘Vicarious Liability and Non-Delegable Duty in common law actions based on institutional child abuse’

Abstract: The paper discusses the options for holding institutions civilly liable for child sexual abuse. In particular it suggests that the law of non-delegable duty ought to be extended to intentional torts like battery. Neil J Foster. 2015. Vicarious Liability and Non-Delegable Duty in common law actions based on institutional child abuse.

Ezra Rosser, ‘Destabilizing Property’

Abstract: Property theory has entered into uncertain times. Conservative and progressive scholars are fiercely contesting everything it seems, from what is at the core of property to what obligations owners owe society. Fundamentally, the debate is about whether property law works. Conservatives believe that property law works. Progressives believe property could and should work, though […]

Ramsi Woodcock, ‘The Inefficiency of Property and Intellectual Property in the Tragedy of the Commons and the Parable of Theft’

Abstract: It is easy to get the impression from reading economics that property generally, and property in ideas in particular, is efficient. This impression is meaningful because if property is efficient, then there is no efficiency rationale for government regulation of any kind other than the institution and defense of a property system itself. The […]

Sara Crewson, ‘Women Made Whole: How Tort Law Can Change the Lives of Domestic Violence and Sexual Assault Victims’

Abstract: Domestic violence victims do not have the same level of access to the civil justice system that victims of sexual assault do, yet both are gender-linked crimes. A combination of legal, legislative, and social forces have come together to effectively bar recovery for victims of domestic violence, but when examining how these forces serve […]

Dov Waisman, ‘Preserving Substantive Unconscionability’

Abstract: In Wrap Contracts, Nancy Kim offers both a withering critique of contracting practices in the digital world and a blunt indictment of US courts’ failure to rein those practices in. In the book’s final chapter, Kim makes a series of bold proposals for doctrinal reform. Perhaps the most radical of these is her proposal […]

The Struggle for European Private Law: new book by Leone Niglia’

“Leone Niglia, reader at the University of Exeter and well-known in circles of European private lawyers, just published a new book entitled ‘The Struggle for European Private Law: A Critique of Codification’. The interesting thing about the book is that the author reconstructs the present discussion about harmonising European private law with reference to the […]

Nora Freeman Engstrom, ‘Exit, Adversarialism, and the Stubborn Persistence of Tort’

Abstract: Serious tort reformers have long tried to divert certain claims from the tort system into no-fault or ‘replacement’ regimes where, it is said, compensation can be more easily, expeditiously, predictably, and simply delivered. Yet while many continue to champion no-fault’s expansion, surprisingly few have stopped to ask how America’s various no-fault experiments, in place […]

Adam Parachin, ‘Discrimination in Wills and Trusts’

Abstract: What are the limits of testamentary freedom? At one time this topic was dominated by concerns over protecting the living from the ‘tyranny of the dead hand’ through rules such as the rule against remoteness of vesting. Concerns of this nature remain with us but have waned considerably in their perceived importance. Today, objections […]

Deeksha Bhana, ‘The role of judicial method in contract law revisited’

Abstract: In this article, I revisit the role of judicial method in contract law. I show how the legal method employed in our common law of contract as a whole (as opposed to that employed in relation to the doctrine of legality specifically) continues to be informed by preconstitutional legal culture and classical liberal ideology. […]

Olha Cherednychenko, ‘Contract Governance in the EU: Conceptualising the Relationship between Investor Protection Regulation and Private Law’

Abstract: The instrumental use of private law, in particular contract law, by the EU raises a complex issue concerning the relationship between contract-related regulation and traditional private law and underlines the need for conceptualising the interplay between the two from the contract governance perspective. The present article aims to apply this new analytical approach in […]